05/13/2009 ZONING BOARD OF APPEALS Minutes

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Mashpee Zoning Board of Appeals Laurence and Laurie Gerber 2 SP-09-20 changes to pre-existing non-conforming structures so long as the Board finds those j changes do not result in a structure which is substantially more detrimental than the existing non-conforming structure is to the neighborhood and that there is adequate parking and setbacks as the Board may require. A portion of the current dwelling is 38' from the Wetland Resource Area. The proposed additions will at one corner of the structure be 38' from same and in another corner be 45' from the Wetland Resource Area. In neither case will the additions result in an encroachment, which is any greater than the current 38 . The proposed additions have been approved by the Conservation Commission and an Order of Conditions will issue. The proposed dwelling is well hidden due to the size of the lot and in no way increases the non-conformity of the dwelling thus the request to the Board to find this application not substantially more detrimental to the neighborhood than what currently exists. The Board reviews the plans and agrees that they found the property to be well hidden upon their site visits. Mr. Furbush asks about the shed and why it is in the area it is currently in. John Slavinsky, Cape & Islands Engineering, informs the Board that the shed was placed there because it was the only area they did not need to cut a tree down to put it there. The Board asks him about the septic system and he informs them that it is for a 5 bedroom house and the existing and proposed house will remain at 4 bedrooms. The Board is in general agreement that this project is not more detrimental to the area. James Reiffarth makes a motion to grant the Special Permit/Findings of Fact. William Blaisdell seconds the motion. All agree. So moved. SPECIAL PERMIT CRITERIA Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General Laws Chapter 40A, Chapter 6, require a"Findings of Fact"that the razing, extension, alteration or removal shall not be substantially more detrimental to the neighborhood than the existing non-conforming use. GENERAL FINDINGS 1. that the subject property is located at 30 Ockway Bay Road and contains 168,577 square feet.